Click \"next\" below for questions and answers about the criminal investigation. ";
FoleyQandA061004[i++] = new Array("","QUESTION: With all those Internet conversations and e-mails, doesn’t the FBI already have enough evidence to arrest Foley? Isn’t it a crime to use the Internet for sexually explicit conversations with children?","","http://msnbcmedia.msn.com/j/msnbc/Components/Photos/061004/061004_foley_vsmall_3p.htease.jpg","","", "", "", "", "", "left", "J. Scott Applewhite", "AP file", "110", "85", "#000000", "", "", "", "");
FoleyQandA061004[i-1].body = "QUESTION: With all those Internet conversations and e-mails, doesn’t the FBI already have enough evidence to arrest Foley? Isn’t it a crime to use the Internet for sexually explicit conversations with children?
ANSWER: It’s not a federal crime. Congress tried to outlaw precisely this sort of behavior with the Communication Decency Act of 1996. A year later, the Supreme Court declared the law unconstitutional, saying it violated the First Amendment’s right to free speech. The court in 2003 said a 1998 law to restrict the commercial distribution of material harmful to minors could not be enforced.";
FoleyQandA061004[i++] = new Array("","QUESTION: Then why do people get arrested after having sexual conversations with FBI agents posing as kids?","","http://msnbcmedia.msn.com/j/msnbc/Components/Photos/061004/061004_foley_vsmall_3p.htease.jpg","","", "", "", "", "", "left", "J. Scott Applewhite", "AP file", "110", "85", "#000000", "", "", "", "");
FoleyQandA061004[i-1].body = "QUESTION: Then why do people get arrested after having sexual conversations with FBI agents posing as kids?
ANSWER: Those stings are set up to catch sexual predators who use the Internet and e-mail to stalk children, then set up meetings with their intended victims. The FBI does not typically arrest a sexual predator until he tries to meet the child.";
FoleyQandA061004[i++] = new Array("","QUESTION: Doesn’t federal law prohibit the use of the Internet to entice minors to engage in sex?","","http://msnbcmedia.msn.com/j/msnbc/Components/Photos/061004/061004_foley_vsmall_3p.htease.jpg","","", "", "", "", "", "left", "J. Scott Applewhite", "AP file", "110", "85", "#000000", "", "", "", "");
FoleyQandA061004[i-1].body = "QUESTION: Doesn’t federal law prohibit the use of the Internet to entice minors to engage in sex?
ANSWER: Yes. If Foley encouraged a page to meet him for sex, and the boy was not old enough to consent, then Foley could face charges. Even if the meeting didn’t occur, this law could be used by prosecutors if there was evidence that Foley attempted to set it up. The instant message transcripts that have been made public include limited discussions about possible meetings.";
FoleyQandA061004[i++] = new Array("","QUESTION: Isn’t there a law against using the Internet to send obscene materials to minors?","","http://msnbcmedia.msn.com/j/msnbc/Components/Photos/061004/061004_foley_vsmall_3p.htease.jpg","","", "", "", "", "", "left", "J. Scott Applewhite", "AP file", "110", "85", "#000000", "", "", "", "");
FoleyQandA061004[i-1].body = "QUESTION: Isn’t there a law against using the Internet to send obscene materials to minors?
ANSWER: Yes, but veteran investigators say it’s unclear whether an electronic conversation — as opposed to a pornographic picture — would qualify. Also, the law applies only to children under 16.";
FoleyQandA061004[i++] = new Array("","QUESTION: What about state laws?","","http://msnbcmedia.msn.com/j/msnbc/Components/Photos/061004/061004_foley_vsmall_3p.htease.jpg","","", "", "", "", "", "left", "J. Scott Applewhite", "AP file", "110", "85", "#000000", "", "", "", "");
FoleyQandA061004[i-1].body = "QUESTION: What about state laws?
ANSWER: A few states have passed laws criminalizing sexual conversations with minors, but courts have generally overturned them. Florida, where Foley lives, does not have such a law. If Foley had sexual contact with a minor — a suggestion his lawyer has denied — it would be a crime if the child is under the age of consent. In Florida, the age of consent is 18. In Louisiana, where one of the pages lived, it’s 17. Again, those laws only kick in if there was physical contact. If there was physical contact, that could also trigger the federal enticing law."; FoleyQandA061004[i++] = new Array("","QUESTION: So what is there to investigate?","","http://msnbcmedia.msn.com/j/msnbc/Components/Photos/061004/061004_foley_vsmall_3p.htease.jpg","","", "", "", "", "", "left", "J. Scott Applewhite", "AP file", "110", "85", "#000000", "", "", "", ""); FoleyQandA061004[i-1].body = "QUESTION: So what is there to investigate?
ANSWER: The Justice Department has ordered the House to preserve Foley’s official computer files and FBI agents have begun interviewing participants in the House page program. If those interviews turn up evidence about a sexual encounter or if Foley’s computers contain child pornography or other evidence, that could lead to criminal charges. Foley’s lawyer, David Roth, says there has been no sexual contact with minors and Foley is not a pedophile.";
// END editorial data